Senator Williams stated that she supported SB05-230 because it included the same things she wanted to add to HB05-1030 but wasn't allowed to add because the bill was "postponed indefinitely."

Here are her amendments.  Granted, I'm not a lawyer, but I really don't see where any of these would remove the power of condemnation from a private toll road like SB05-230 would.

Amendment L.005

Before a corporation may construct a private toll road or roll highway, requires the corporation to refer its proposed route to a private toll road task force comprise of one appointee of each affected county, municipality, and metropolitan planning organization, one appointee of the Colorado Environmental Coalition, and, if the proposed route passes through rural areas, one member appointed by the Colorado Cattlemen's Association and one member appointed by the Colorado Farm Bureau.  Requires the task force to hold public hearings on the proposed route in each affected county.

Allows the task force to recommend changes to the proposed route to the corporation after the public hearings and within one hundred days after the referral of the proposed route to the task force, and requires the corporation to notify the task force if it changes the proposed route in response to those recommendations.  Requires the corporation to submit annual written reports to the task force, the statewide tolling enterprise, and the transportation committees of the General Assembly.

Amendment L.006

Specifies that thee state and all state agencies are immune from financial or legal liability for issues resulting from, connected to, or arising out of the financing, construction, operation and maintenance, or subsequent sale or transfer of a private toll road or toll highway.

Amendment L.007

Prohibits the expenditure of state moneys in connection with the setting of tolls for a private toll road or toll highway by the board of directors of the Colorado Tolling Enterprise.

Amendment L.008

Specifies that when a final determination as to the precise route of a private toll road or toll highway is made, the right of the corporation constructing it to any right-of-way acquired through its certificate of incorporation that is not actually needed in order to construct, operate, or maintain the toll road or toll highway expires.

Amendment L.009

Requires a corporation constructing a private toll road or toll highway that will intersect property upon which livestock is grazed, in consultation with affected landowners and lessors of grazing rights, to take appropriate steps to ensure that the safe movement of the livestock over the property is not impaired.

Amendment L.010

Requires a corporation constructing a private toll road or toll highway to consult with counties, municipalities and the department of transportation to ensure that the flow of traffic on and safely of existing highways, roads, and streets is not adversely affected.

Amendment L.011

Requires a corporation that constructs a private toll road or private toll highway to directly provide or contract with appropriate public or private emergency services providers to provide emergency services needed to address reasonably foreseeable emergencies resulting from the use of the toll road or toll highway.

 

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